NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
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Thomas Lowe worked as a tire technician for Branson Automotive, which involved tire mounting, dismounting, and balancing in addition to oil changes. This job required frequent lifting between 50 and 100 pounds, bending, and squatting. Mr. Lowe sought benefits for an alleged February 8, 2012 neck and low back injury when lifting a wheel and tire that weighed approximately 110 pounds. Deputy Commissioner Ledford found the claim compensable and awarded indemnity and medical benefits. The Full Commission reversed and denied the claim.
The Court of Appeals, in Lowe v. Branson Automotive, upheld the Full Commission’s denial of Mr. Lowe’s claim for benefits based on his lack of credibility. The Court agreed with the Commission and relied on several facts to uphold the denial of this claim:
Risk Handling Hints: The decision in Lowe serves as a reminder that lack of credibility is still grounds for denying a claim. It is important to get information from an employee and witnesses on how an injury occurred soon after it is reported. Some factors to consider when determining whether to deny a claim based on lack of credibility are: